| Monday, 07 June 2010 15:11 |
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| US Immigration News -- Dream Act Supporters Stage Peaceful “Sit-Ins” And Are Arrested |
| On May 17th, three young undocumented pro-immigration reform youth leaders entered Senator John McCain’s (R-AZ) office in Tucson, Arizona and staged a “sit-in”, to protest the new restrictive Arizona law and calling on McCain and other congressional leaders to take action and pass the DREAM Act Bills pending in Congress since last year. After nearly 8 hours, the protestors were arrested and jailed. On May 18th, all four entered not-guilty to trespassing charges and one was released on the condition that he appear at a later court date. The other three youth were detained by the immigration ICE unit, later released and are not only facing federal trespassing charges, but also fighting deportation proceedings as well. The group spoke with reporters asking that leaders within both the Senate and community “take the same stand we did and push for the DREAM Act to become a reality this year…Senator Stabenow (D-MI), you are one of these leaders, recognize my dream and my friends dreams and co-sponsor the DREAM Act. Enough is enough... It is imperative for all to continue to push the DREAM Act, to work like we’ve never worked before and make this a reality this summer. We’ve surpassed the days of sitting idly by while others make decisions for us, while others tell us to wait. We cannot wait. Waiting is no longer a option. The DREAM Act must pass and it must pass now.”
The student’s detention sparked solidarity vigils, hunger strikes, an civil disobedience actions across the country focused on pushing legislators to step up and take leadership in making the DREAM Act a reality. Inspired by the Arizona sit-in, on May 20th student supporters of the DREAM Act marched to Senator Dianne Feinstein’s office to demand a push for the DREAM Act. As the rally went on, 60 students entered the federal building and seven students linked arms refusing to leave, demanding passage of the DREAM act. The students were later arrested, given citations, then released. No immigration charges were ever filed. These and other protests across the country serve to illustrate the level of frustration experienced by innocent immigrant children and others in their peaceful push for comprehensive immigration reform.
Perhaps in response to this outcry, on May 20th, Senator Durbin (D-IL), sponsor of the Senate version of the Dream Act, addressed the Senate regarding immigration, stating in part “…we have to deal with people who are here and do it in an honest and humane way, making certain we don’t allow anyone who is a danger to America to remain but also say to those who have obeyed the laws and are willing to pay taxes and fines that they will be given a chance—a chance…The DREAM Act says if you were brought here to America as a child, if you have lived in this country without a criminal record that would disqualify you, if you graduate from high school, if you have no moral flaws that might disqualify you otherwise, you have an opportunity to reach legalization one of two ways: You may volunteer to serve in our military or you may complete 2 years of college. I introduced that 10 years ago because I thought it was reasonable. We are not a nation that penalizes children for the crimes of their parents. The tens of thousands of young people who have never known another country but the United States and only want to be part of our future deserve a chance. We cannot, we should not, deport them…”. Durbin urged his fellow senators to sponsor the Dream Act now and save the big immigration reform debate for another time “I hope my colleagues will consider cosponsoring the DREAM Act. We can save the big debate for comprehensive immigration reform. I support it. But I hope they will believe and join me in this one part of it to say that we won’t penalize the children for this contentious, divisive political debate on immigration. Before the end of the year, I want us to take up comprehensive immigration reform. I thank Senator Schumer and others who have included the DREAM Act in the bill. I hope we can move forward.”
** This American Immigration Update is contributed by Immigration Attorney Caroly Pedersen of the American Immigration Law Center in Florida. You can contact her office with any Immigration-related questions by calling 954-382-5378 or email her at:
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| Monday, 07 June 2010 15:09 |
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| US Immigration News -- New Green Cards Are Green Again! |
| The USCIS announced recently that the new "Green Card" (representing an immigrant’s legal permanent resident status in the U.S., also referred to as the I-551 card), has been redesigned. The so called Green Card, which was green in color many years ago, has not actually been green for some time, instead it has been the color white, pink and beige. However, all new cards issued since May 11th are now green and contain a new security and tamper-resistant design.
U.S. Permanent Residents who’s current cards have expired or will be expiring within six months and those with the older type green cards without expiration dates, should replace these cards with the new version. The new cards have holographic images, optical variable ink, a laser engraved fingerprint, and high resolution micro-images. The card utilizes radio frequency identification (RFID) with a serial number that can be read from a distance and linked to personal file information. This will be used by Customs and Border Protection (CBP) officers at the ports of entry.
** This American Immigration Update is contributed by Immigration Attorney Caroly Pedersen of the American Immigration Law Center in Florida. You can contact her office with any Immigration-related questions by calling 954-382-5378 or email her at:
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| Monday, 15 March 2010 00:00 |
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| US Immigration News Vol 3, Issue 2 |
New Florida Regulations Leave Many Immigrants Without Driver’s Licenses
As many immigrants in Florida know by now, the new Florida Driver’s License regulations which went into effect on January 1, 2010 make it almost impossible to renew or obtain Driver’s Licenses without proof of legal immigration status. This is the result of Florida’s compliance with the very restrictive federal “REAL ID” law. Under the new regulations, applicants for first time Driver’s Licenses and renewals must provide substantial documentation to prove identity, legal immigration status and provide a social security card or evidence of a valid social security number. As a result, many immigrants applying for Driver’s License renewals have been turned away and those applying for new Driver’s Licenses are refused.
In previous years, the Florida Dept. of Motor Vehicles (DMV) accepted many types of Immigration form I-797 receipts which were less than three years old for renewals and driver’s license issuances. Because of this, many immigrants would have family members filed I-130 petitions or file I-765 applications simply to obtain the Immigration form I-797 receipt to use for Driver’s License purposes.
Unfortunately, Immigration I-797 receipts will no longer be accepted by the DMV alone, without other proof of legal status. For more information on the documentation required to obtain a Driver’s License or renewal in Florida, visit the State’s website at: http://www.flhsmv.gov/
There are still some states which continue to issue Driver’s Licenses without the requirement for legal immigration status as long as an individual is able to provide proof of identity with an unexpired government issued passport and evidence of living in that state. States which rejected the REAL ID requirements in 2008 included Alaska, Maine, Arizona, Georgia, Montana, New Mexico, Utah, Vermont, Washington, Wyoming, Hawaii, Kentucky, Maryland, Massachusetts, Missouri, Nebraska, New Hampshire, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina and West Virginia, but may have become more restrictive since that time. I don’t have a current list of states which still issue Driver’s Licenses without legal immigration status, but that may be a great issue for someone to research and let me know so that I can provide that information to readers. THIS WEEK’S IMMIGRATION QUESTION:
Question: Hi, my son is 19 and he got his Green Card here in Miami last year. He went back to Jamaica temporarily to finish his college and so he isn’t actually residing in America right now. My friend told me that my son is supposed to register with the American government for service in the military. Is that really true? I don’t believe it, I don’t want my son to go fight, he’s not even an American citizen. It’s really keeping me up worried at night now, can you tell me what we need to do?
Answer: Hi, my son is 19 and he got his Green Card here in Miami last year. He went back to Jamaica temporarily to finish his college and so he isn’t actually residing in America right now. My friend told me that my son is supposed to register with the American government for service in the military. Is that really true? I don’t believe it, I don’t want my son to go fight, he’s not even an American citizen. It’s really keeping me up worried at night now, can you tell me what we need to do? ** This American Immigration Update is contributed by Immigration Attorney Caroly Pedersen of the American Immigration Law Center in Florida. You can contact her office with any Immigration-related questions by calling 954-382-5378 or email her at:
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| Monday, 15 March 2010 00:00 |
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| US Immigration News Vol 4, Issue 1 |
New Immigration Reform Proposal May Be Introduced In The U.S. Senate By End of April-But The Prospects Any Immigration Bill Passing Are Far From Certain. Immigration fortune tellers continue to predict that a new comprehensive immigration reform bill will be introduced in the Senate before the end of April, however, with the U.S. Congress at odds, even with itself, nothing is certain these days. Both political parties have a stake in immigration and there are risks to both if the strategy goes wrong.
Democrats have a large portion of the Hispanic vote and expect a return on their “vote” investment by getting a comprehensive immigration reform bill passed this year in return for their support. If Obama and the Democratic party leadership don’t follow through on their promises, there is a good chance that many Hispanics will defect to the Republican camp. This could spell disaster for Democrats who are already expected to lose a substantial number of seats in the November mid-term election. The Democratic strategy supported by both the leadership and the President is to hope for the best, but if in the end an immigration reform bill is voted on and fails – at least the Democrats hope to get credit with Hispanics for at least trying. The consensus is building within the Democratic party and the Congressional Hispanic Caucus that the Democrats are not likely to have both the Presidency and a majority in both houses of Congress for many years to come, so if there were ever a time, the time is now. That sounds good in theory, until one remembers how easily the healthcare bill passed!
The Republicans, on the other hand, are in a tough position either way. If the Republicans leadership and members vote against immigration reform, they risk losing many remaining Hispanic voters, many of which hold conservative views consistent with those of the Republican party including views on anti-abortion, etc. This could have long term effects for the next generations of young Hispanics against the Republican party. However, if the Republican party votes for immigration reform, it will alienate many of its “grass roots” base, who are strongly anti- immigration and very reactionary on many key social issues – the typical “tea party” toddlers. This issue could indeed get very ugly on the Republican side, with anti-immigrant sentiment already “seething” just below the surface and conservative pundits on talk radio and the Fox network ready to stir the pot until it boils over and let all the “crazies” out of their cages. With this in mind, many predict that Republican party leaders are just hoping against all odds that the immigration issue won’t come up for a vote, because a vote either way is quite a risk for the survival of the party itself.
Stay tuned……………… ** This American Immigration Update is contributed by Immigration Attorney Caroly Pedersen of the American Immigration Law Center in Florida. You can contact her office with any Immigration-related questions by calling 954-382-5378 or email her at:
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| Wednesday, 03 March 2010 00:00 |
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| US Immigration News Vol 3, Issue 1 |
New Immigration Bill May Provide Entrepreneurs With Quick Route To A Green Card
As Comprehensive Immigration Reform remains at a standstill due to congressional inaction, the chances of a reform Bill becoming law in 2010 grow dimmer and the 2010 election season draws ever closer. In the meantime, a new immigration related Bill has been introduced in Congress by Senators Richard Lugar (R-Ind) and John Kerry (D-Mass) which would provide a quick route to a Green Card for entrepreneurs who start new businesses in the U.S.. The Start-Up Visa Act of 2010 would create a new investment visa category called “EB-6” for immigrant entrepreneurs. It would allow foreign nationals to start new businesses without requiring an excessive amount of initial investment capital and to obtain a Green Card for themselves and their immediate family after a two year period, as long as the investor can show that the business has created at least five full-time jobs and either attracted $1 million in additional investment capital or had gross revenues of at least $1 million. This new investment visa proposal is aimed at attracting more foreign investment and jobs creation. It is also offered as an alternative to the current investment visa called an EB-5, which allows foreign investors to obtain Green Cards through an investment of either $1 Million dollars or $500,000 (in designated economic areas or USCIS approved centers) and the employment of 10 employees for two years. The existing EB-5 visa can be difficult for many foreign investors due to the high initial capital investment and the requirement to employ no less than 10 employees for two years. I will give updates on the status of the bill once any action is taken on it.
THIS WEEK’S IMMIGRATION QUESTIONS:
Question: We have been having difficulties with immigration and hope you help. I filed for my husband’s residency in January immigration returned the package because we sent to the wrong address and so we resent it and then we received another letter saying my husband had to have a medical exam, then after we sent that in, they sent us another letter saying that they could not continue processing until we sent in some financial documents. Finally we sent that in and now we called the 800# to see why my husband never received his work permit and they said that we never applied for it, even though the filing fees we paid included it. Now they told us he needs to file some other form and it takes another three months to get it. I’m really so mad about the way they treated us and never explained everything the right way. We think that since we already paid for it shouldn’t they just send my husband his work permit?
Answer: I understand your frustration, unfortunately, the residency process can be more complex than people expect. Let me give you an overview of how a properly filed case should proceed. The family petition and the residency application are filed (along with biographic form for each spouse called the G-325), the Affidavit of Support, medical exam, supporting documentation to prove eligibility, photos, Money Order, and the request for Employment Authorization. Without filing that request, the USCIS will never issue a work permit. Issuance of the work permit is only made after specifically applying for it and only after the Officer reviews the case to ensure that it meets the initial criteria. If not, the work permit is not processed until the required information (usually supporting documentation for the Affidavit of Support –Form I-864) to prove financial eligibility is submitted . Once a case is properly filed, the receipts are received within a few weeks, the biometrics appointment within 30 days and work authorization within an average of 90 days. Once the work permit is received, an application for the Social Security card can be made. The Immigration Residency Interview usually takes place around the third or fourth month. If the initial case is filed correctly and all the required documentation is provided to the officer, at the interview, the Green Card arrives in the mail in about two weeks. At this point, you’ll need to file Form I-765 for the work permit. If you need any help with this or other issues, you can make an appointment and we can file it for you and review what you have already filed to see what else needs to be done to complete your case and get it going on the right track. ** This American Immigration Update is contributed by Immigration Attorney Caroly Pedersen of the American Immigration Law Center in Florida. You can contact her office with any Immigration-related questions by calling 954-382-5378 or email her at:
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| Thursday, 24 December 2009 01:32 |
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| US Immigration News Vol 2, Issue 2 |
| Dept. of Homeland Security Secretary Napolitano Urges Quick Action on Immigration Reform With all this excitement over possible Immigration Reform, experts are split regarding whether or not there will be actual passage of the Bill by Congress. The Obama administration is firmly behind major immigration reform and supports the proposed measure introduced by Rep. Guitierrez. In a recent policy speech about Immigration Reform prior to introduction of the Bill, Homeland Security Secretary Janet Napolitano confirmed that Congress plans to introduce a Comprehensive Immigration Reform Bill for passage in early in 2010.
Napolitano spoke in great detail about the security and enforcement measures that her agency has taken under to improve the current immigration system, but she noted "the more work we do, the more it becomes clear that the laws themselves need to be reformed." In noting that Americans are now ready to fully support Immigration Reform she stated: "I've been dealing hands-on with immigration issues since 1993, so trust me: I know a major shift when I see one, and what I have seen makes reform far more attainable this time around…It also marks a shift in how DHS will help to shape the next go-around of immigration reform. The DHS of 2007 looked at immigration reform solely through a national security lens, and in the process promoted “reform” that would have crippled our immigration process. The DHS of 2009 however, wants immigration reform that capitalizes on our history as a nation of immigrants.”
In her speech, Napolitano essentially challenged Congress to do its share, to make the tough choices and to be brave enough to give her the tools she needs to enforce and transform our immigration laws.
“Immigration reform would require illegal immigrants seeking legalization to register with DHS, pay all back taxes they owe, and submit to any penalties they are required to fulfill in order to become legal US residents…The law should require them to register, pay fines, pass criminal background checks, and learn English” You can watch a video of Secretary Napolitano's speech at: www.AmericanProgress.org
But even with Whitehouse support, considering the uphill battle fought for healthcare reform, it is not certain that Congress can pull off a win on Immigration reform. It is well understood by both parties that most Republican and conservative (Bluedog) Democratic Congressional Reps are wary of supporting immigration related bills next year due to the mid-term elections in Nov 2010. Because of this, the Whitehouse strategy is to have the Bill introduced late in 2009 and push a quick vote on it in January-February 2010. That way, it may not be adversely effected by the election and the perception by incumbents’ that Americans do not support immigration. They are afraid they will lose if it is used against them in the elections in very white, conservative districts throughout the U.S.
Now that the Bill has been introduced, it is a waiting game to see when Congress will begin the push….stay tuned…. ** This American Immigration Update is contributed by Immigration Attorney Caroly Pedersen of the American Immigration Law Center in Florida. You can contact her office with any Immigration-related questions by calling 954-382-5378 or email her at:
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| Thursday, 24 December 2009 01:24 |
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| US Immigration News Vol 2, Issue 1 |
| Comprehensive Immigration Reform Begins – New Legislation Introduced On December 15th! Rep Luis Gutierrez (D-ILLINOIS) introduced the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP), kicking off the Comprehensive Immigration Reform (CIR) campaign for early 2010. A big push for immigration reform is expected in the first several months of the new year. The momentum for immigration reform is building and Congress needs to hear from you! Go online to: www.Congress.org and enter your zip code under “Get Involved”. Call your representatives while they are here in the District for the Holidays and let them know that you support comprehensive immigration reform and the Dream Act for children and want them to sign onto the bill as a sponsor and vote “yes”. Opponents of immigration reform are very busy doing the same right now! The new Immigration Bill includes important immigration reforms, including:
Legalization for Undocumented Foreign Nationals – providing conditional legal status, work authorization and travel permits to millions of immigrants who are not documented or are not in legal immigration status in the U.S.- valid for up to six years, with a path to earning a Green Card thereafter ("earned citizenship"). This will allow individuals to pay a $500 penalty and apply for immigration benefits including being able to obtain social security numbers, drive, work, travel and for children to attend college and join the military.
Employment Immigration Benefits – adding additional immigrant visas into the current system from those un-used in past years to reduce waiting times and allow skilled workers to file residency applications without waiting for their priority dates to become current. There are also provisions which would exempt immigrants who have graduated from U.S. Master’s or higher programs from immigrant visa availability restrictions.
To read the full text of the Bill, go to: http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.4321 ** This American Immigration Update is contributed by Immigration Attorney Caroly Pedersen of the American Immigration Law Center in Florida. You can contact her office with any Immigration-related questions by calling 954-382-5378 or email her at:
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